Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
-
- Housing (2)
- AFFH (1)
- Affirmatively Furthering Fair Housing (1)
- Antidiscrimination enforcement (1)
- Civil rights (1)
-
- Collective Efficacy (1)
- Common ownership (1)
- Community (1)
- Culture (1)
- Fair Housing (1)
- Fair Housing Act (FHA) (1)
- Foreclosure Prevention (1)
- Foreclosure--Florida (1)
- Hip-Hop (1)
- Historic Preservation (1)
- Housing and Urban Development (HUD) (1)
- Housing discrimination (1)
- Integration (1)
- Landlords (1)
- Law & Economics (1)
- Low-income (1)
- Mediation--Florida (1)
- People vs. Place (1)
- Poverty (1)
- Predatory Private Equity (1)
- Private power (1)
- Public power (1)
- Racial discrimination (1)
- Racial inequality (1)
- Social Capital (1)
Articles 1 - 6 of 6
Full-Text Articles in Housing Law
Hip-Hop And Housing: Revisiting Culture, Urban Space, Power, And Law, Lisa T. Alexander
Hip-Hop And Housing: Revisiting Culture, Urban Space, Power, And Law, Lisa T. Alexander
Faculty Scholarship
U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing residents remain in place and to improve those areas. Law-and-economists and staunch integrationists attack place-based lawmaking on economic and social grounds. This Article examines the efficacy of place-based lawmaking through the underutilized prism of culture. Using a sociolegal approach, it develops a theory of cultural collective efficacy as a justification for place-based …
Virtues Of Common Ownership, Anna Di Robilant
Virtues Of Common Ownership, Anna Di Robilant
Faculty Scholarship
Professor Michael Sandel's theory of justice is attractive and inspirational for lawyers interested in social change. Sandel's call to go beyond egalitarian liberalism has real and important implications for legal and institutional engineering. However, Sandel's theory of justice is parsimonious of recommendations for medium level institutional design. It offers little detailed guidance to private lawyers called upon to design background rules for the allocation of scarce resources and necessary burdens. This essay will discuss how Sandel's theory of justice may help orient the work of lawyers and policymakers interested in a question that is central to recent property debates: the …
Foundations Of Federal Housing Policy, David Reiss
Foundations Of Federal Housing Policy, David Reiss
Faculty Scholarship
No abstract provided.
The Rise And Fall Of The Implied Warranty Of Habitability, David A. Super
The Rise And Fall Of The Implied Warranty Of Habitability, David A. Super
Faculty Scholarship
Growing concern about poverty in the late 1960s produced two sweeping legal revolutions. One gave welfare recipients rights against arbitrary eligibility rules and benefit terminations. The other gave low-income tenants recourse when landlords failed to repair their homes. The 1996 welfare law exposed the welfare rights revolution's frailty. Little-noticed by legal scholars, the tenants' rights revolution also has failed, and for broadly similar reasons. Withholding rent deliberately to challenge landlords' failure to repair is unduly risky for most tenants in ill-maintained dwellings: either moving to better housing is a better option or the risk of retaliation is too great. The …
Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program,, Sharon Press
Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program,, Sharon Press
Faculty Scholarship
This Symposium is filled with examples from around the country of states grappling with how to respond to the economic crisis in general and the overwhelming number of mortgage foreclosure cases in particular. In Part II of this article, the author identifies the key impacts institutionalization had on implementation efforts. Part III describes the various approaches pursued to address the obstacles. In this part, the author examines in detail the development of a rule to define “appearance” at mediation because of its implications for the practice of mediation as a whole beyond merely the foreclosure context. Part IV provides the …
The Last Plank: Rethinking Public And Private Power To Advance Fair Housing, Olatunde C.A. Johnson
The Last Plank: Rethinking Public And Private Power To Advance Fair Housing, Olatunde C.A. Johnson
Faculty Scholarship
The persistence of housing discrimination more than forty years after the passage of the federal Fair Housing Act (FHA) of 1968 is among the most intractable civil rights puzzle. For the most part, this puzzle is not doctrinal: the Supreme Court has interpreted the FHA only a handful of times over the last two decades – a marked contrast to frequent doctrinal contestations over the statutory scope and constitutionality of federal laws governing employment discrimination and voting rights. Instead, the central puzzle is the inefficacy of the FHA's enforcement regime given that, in formal terms, the regime is the strongest …